Gabel v. Drewrys Limited’s Empirical Analysis
1953
Citation profile
8 state decisions
How this case has been cited
Cited by 9 later decisions — most recently November 2016
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Kreiss Potassium Phosphate Co. v. Knight · Strong v. . Sheffield · O'Brien v. . Fleckenstein · Sweeney v. Bixler · Mitchell v. Harper
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““36 Am.Jur. 795, § 205, states only that ‘ * * * if a mortgage is taken for a pre-existing debt, and the creditor of the time agrees to extend the time of payment, this additional consideration will entitle the mortgagee to protection as a purchaser for value.’ (Emphasis supplied.) And Jones on Mortgages (8th Ed.), Vol. 1, page 769, states: ‘ * * * A definite extension of time for the payment of an existing debt, by a valid agreement, for any period however short, though it be for a day only, is a valuable consideration, and is sufficient to support a mortgage, or a conveyance, as a purchase for a valuable consideration.’ (Emphasis supplied.) “In those cases cited, where the creditor mortgagee was allowed priority over a prior mortgage, it appears in each case that there was given a definite extension of time of the pre-exist-ing debt contemporaneously with the taking of the mortgage. * * * ””
1 later decision quote this exact passage““ ‘It has long been settled, both in this court and elsewhere, that the inquiry, whether a mortgagee is a purchaser, depends on the question, whether he parted with anything valuable, surrendered an existing right, incurred a fixed liability, or submitted to a loss or detriment, contemporaneously with the execution of the mortgage, or with the agreement, afterwards performed, to execute the mortgage. If either of these several categories be shown to exist, then the law presumes such act of the mortgagee was done or suffered in consideration of the mortgage executed, or to be executed. In any such case the mortgagee is a purchaser. * * * ’ ””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.